2021-29 - O -Amending Planned Development-69 (PD-69), on 74.3± acres, generally to amend the residential tract to allow for non-residential uses, located on the southeast corner of Dallas Parkway and Frontier Parkway. This is a companion case to CA20-000 TOWN OF PROSPER, TEXAS ORDINANCE NO. 2021-29
AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 05-20;
REZONING A TRACT OF LAND CONSISTING OF 80.72 ACRES, MORE OR
LESS, SITUATED IN THE COLLIN COUNTY SCHOOL LAND SURVEY NO. 12,
ABSTRACT NO. 147, IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS,
HERETOFORE ZONED PLANNED DEVELOPMENT-69 (PD-69) IS HEREBY
REZONED AND PLACED IN THE ZONING CLASSIFICATION OF PLANNED
DEVELOPMENT-69 (PD-69); DESCRIBING THE TRACT TO BE REZONED;
PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE;
PROVIDING FOR REPEALING, SAVING AND SEVERABILITY CLAUSES;
PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND
PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas (the "Town Council") has
investigated and determined that Zoning Ordinance No. 05-20 should be amended; and
WHEREAS, the Town of Prosper, Texas ("Prosper") has received a request from Metten
Real Estate, L.P. ("Applicant") to rezone 80.72 acres of land, more or less, situated in the Collin
County School Land Survey No. 12, Abstract No. 147, in the Town of Prosper, Collin County,
Texas; and
WHEREAS, the Town Council has investigated into and determined that the facts
contained in the request are true and correct; and
WHEREAS, all legal notices required for rezoning have been given in the manner and
form set forth by law, and public hearings have been held on the proposed rezoning and all other
requirements of notice and completion of such zoning procedures have been fulfilled; and
WHEREAS, the Town Council has further investigated into and determined that it will be
advantageous and beneficial to Prosper and its inhabitants to rezone this property as set forth
below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS:
SECTION 1
Findings Incorporated. The findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
SECTION 2
Amendments to Zoning Ordinance No. 05-20. Zoning Ordinance No. 05-20 is amended
as follows: The zoning designation of the below-described property containing 80.72 acres of
land, more or less, situated in the Collin County School Land Survey No. 12, Abstract No. 147, in
the Town of Prosper, Collin County, Texas, (the "Property") and all streets, roads and alleyways
contiguous and/or adjacent thereto is hereby rezoned as Planned Development-69 (PD-69). The
property as a whole and the boundaries for each zoning classification are more particularly
described in Exhibit "A" attached hereto and incorporated herein for all purposes as if set forth
verbatim, subject to the following:
1. No cross access between the Lakes of Prosper North and the subject tract, and
Developer, in a development agreement, agrees to pay for the costs of right-of-way
abandonment for that right-of-way currently reflecting cross access between the Lakes
of Prosper North and the subject tract;
2. Building materials and the prohibition of non-family friendly business establishments
shall be included in a development agreement;
3. Developer shall endeavor to maintain an 8 foot fence, board-on-board with a cap, on
the north side of the Lakes of Prosper North subdivision; and
4. Only one story structures are allowed within 84 feet of the south property line of Tract
2.
The development plans, standards, and uses for the Property in this Planned
Development District shall conform to, and comply with 1) the statement of intent and purpose,
attached hereto as Exhibit "B"; 2) the planned development standards, attached hereto as Exhibit
"C"; 3) the conceptual development plan requirements, attached hereto as Exhibit "D"; and 4) the
development schedule, attached hereto as Exhibit "E", which are incorporated herein for all
purposes as if set forth verbatim. Except as amended by this Ordinance, the development of the
Property within this Planned Development District must comply with the requirements of all
ordinances, rules, and regulations of Prosper, as they currently exist or may be amended.
Two (2) original, official, and identical copies of the zoning exhibit map are hereby adopted
and shall be filed and maintained as follows:
a. One (1) copy shall be filed with the Town Secretary and retained as an original record
and shall not be changed in any manner.
b. One (1) copy shall be filed with the Building Official and shall be maintained up to date
by posting thereon all changes and subsequent amendments for observation, issuing
building permits, certificates of compliance and occupancy, and enforcing the zoning
ordinance. Reproduction for information purposes may from time-to-time be made of
the official zoning district map.
Written notice of any amendment to this District shall be sent to all owners of properties
within the District as well as all properties within two hundred feet (200') of the District to be
amended.
SECTION 3
No Vested Interest/Repeal. No developer or property owner shall acquire any vested
interest in this Ordinance or in any other specific regulations contained herein. Any portion of this
Ordinance may be repealed by the Town Council in the manner provided for by law.
SECTION 4
Unlawful Use of Premises. It shall be unlawful for any person, firm or corporation to make
use of said premises in some manner other than as authorized by this Ordinance, and shall be
unlawful for any person, firm or corporation to construct on said premises any building that is not
in conformity with the permissible uses under this Zoning Ordinance.
SECTION 5
Ordinance No.2021-29,Page 2
Penalty. Any person, firm, corporation or business entity violating this Ordinance or any
provision of Prosper's Zoning Ordinance No. 05-20, or as amended, shall be deemed guilty of a
misdemeanor, and upon conviction thereof shall be fined any sum not exceeding Two Thousand
Dollars ($2,000.00). Each continuing day's violation under this Ordinance shall constitute a
separate offense. The penal provisions imposed under this Ordinance shall not preclude Prosper
from filing suit to enjoin the violation. Prosper retains all legal rights and remedies available to it
pursuant to local, state and federal law.
SECTION 6
Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance
be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided
that any and all remaining portions of this Ordinance shall remain in full force and effect. Prosper
hereby declares that it would have passed this Ordinance, and each section, subsection, clause
or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences,
clauses and phrases be declared unconstitutional or invalid.
SECTION 7
Savings/Repealing Clause. Prosper's Zoning Ordinance No. 05-20 shall remain in full
force and effect, save and except as amended by this or any other Ordinance. All provisions of
any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict;
but such repeal shall not abate any pending prosecution for violation of the repealed ordinance,
nor shall the appeal prevent a prosecution from being commenced for any violation if occurring
prior to the repealing of the ordinance. Any remaining portions of said ordinances shall remain in
full force and effect.
SECTION 8
Effective Date. This Ordinance shall become effective from and after its adoption and
publications as required by law.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 25TH DAY OF MAY, 2021.
Ray Smith, ayor
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Melissa Lee, T wn cretary • A
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APPROVED AS TO FORM AND LEGALITY: - F" . '�� ••
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Terrence S. Welch, Town Attorney �'�,' T �
Ordinance No.2021-29,Page 3
OWNER: BOARD OF REGENTS OF THE TEXAS A&M UNIVERSITY SYSTEMEXISTING ZONING: NOT ZONED (CITY OF CELINALAND USE: AGRICULTURALOWNER: TOM MOSEYEXISTING ZONING: C-1 (RETAIL)LAND USE: AGRICULTURALLAKES OF PROSPER NORTH PHASE 2EXISTING ZONING: SF-10 (SINGLE FAMILY)LAND USE: RESIDENTIALFUTURE LAND USE: TOLLWAY DISTRICTOWNER: TREJAX, LPEXISTING ZONING: CC (COMMERCIAL CORRIDOR)LAND USE: AGRICULTURALFUTURE LAND USE: TOLLWAY DISTRICTOWNER: TOWN OF PROSPER
EXISTING ZONING: A (AGRICULTURAL)
LAND USE: SCHOOL
FUTURE LAND USE: MED DENSITY RESIDENTIAL
OWNER: TEXAS REPUBLIC REALTY, LTDEXISTING ZONING: C (COMMERCIAL)LAND USE: AGRICULTURALFUTURE LAND USE: TOLLWAY DISTRICT
APPROX 2,705' TO CR51APPROX 5,850' TO LEGACYAPPROX 4,025' TOPROSPER TRCALLED 6.034 ACRESCOLLIN COUNTY, TEXAS(FOR DALLAS NORTH TOLLWAY)VOL 5772, PG 2404O.P.R.C.C.T.PERMANENTRIGHT-OF-WAYPERMANENTDRAINAGE EASMENTFRONTIER PARKWAYDALLAS PARKWAYTRACT 1EXISTING ZONING: PD-69 (BASE ZONING - R)LAND USE: AGRICULTURALGROSS AREA:1,532,076.52 SF | 35.17 ACNET AREA:1,165,147.71 SF | 26.75 ACCOMMERCIAL COLLECTOR ROAD
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S89°18'17"W2457.03'N0°45'03"W 1325.54'
S0°09'51"W 1323.33'POBN89°21'20"E2665.09'TRACT 2EXISTING ZONING: PD-69 (BASE ZONING - SF-12.5)LAND USE: AGRICULTURALGROSS AREA:1,983,481.83 | 45.55 ACNET AREA:1,854,383.38 | 42.57 ACN0°52'03"W120.37'N89°10'03"E951.46'N89°26'37"E1515.03'S0°09'56"W70.03'S89°26'34"W29.93'N84°31'47"W100.00'S89°26'34"W1384.64'S86°34'24"W239.17'S89°12'34"W418.71'S44°13'50"W71.48'S0°52'03"E49.48'N89°12'34"E469.21'N86°34'24"E239.17'N89°12'34"E242.79'N89°26'34"E1379.17'S84°31'47"E100.00'N89°26'34"E33.94'N0°09'56"E100.01'DATENo.REVISION BYDATE:SHEETFile No.01/10/2020CHECKED:MAMDRAWN:MAMDESIGN:MAMMETTEN PROSPER
PROSPER, TEXAS 75078
1105 CHEEK SPARGER RD. SUITE #1 PHONE: 817.281.0572
COLLEYVILLE, TX 76034 WWW.CLAYMOOREENG.COM TEXAS REGISTRATION #141992016-XXXPRELIMINARYCLAYMOORE ENGINEERING0GRAPHIC SCALE1 inch = ft.2020402010EXHIBIT AEX-ACOUNTYSURVEY:ABSTRACT NO.COLLINC.C.S.L.A0147CITY:STATE:PROSPERTEXASLEGAL DESCRIPTION:OWNER:APPLICANT/REPRESENTATIVE:CLAYMOORE ENGINEERING, INC.301 S. COLEMAN, SUITE #40PROSPER, TX 75078PH: 817.201.6982SURVEYOR:KIMLEY HORNE & ASSOCIATES5750 GENESIS COURT, STE 200FRISCO, TX 75034PH: 972.335.3580METTEN REAL ESTATE, LP4872 NASHWOOD LANEDALLAS, TX 75244 CASE # : Z20-0026CONTACT NAME: MATT MOORECONTACT NAME: FRANK ABBOTABS A0147 COLLIN COUNTY SCHOOL LAND #12SURVEY, SHEET 1, TRACT 35, 74.336 ACRESPROSPER, TX 75078TRACT 1:EXISTING ZONING: PD-69 (BASE -R) (35.17 AC)PROPOSED ZONING: PD-69TRACT 2:EXISTING ZONING: PD-69 (BASE SF-12.5) (45.55 AC)PROPOSED ZONING: PD-69ACCORDING TO MAP NO. 48085C0120J, DATED JUNE 2, 2009 OF THE NATIONALFLOOD INSURANCE PROGRAM MAP, FLOOD INSURANCE RATE MAP OF COLLINCOUNTY, TEXAS, FEDERAL EMERGENCY MANAGEMENT AGENCY, FEDERALINSURANCE ADMINISTRATION, THIS PROPERTY IS WITHIN ZONE "X", (AREASDETERMINED TO BE OUTSIDE OF THE 0.2% ANNUAL CHANCE FLOODPLAIN). IFTHIS SITE IS NOT WITHIN AN IDENTIFIED SPECIAL FLOOD HAZARD AREA, THISFLOOD STATEMENT DOES NOT IMPLY THAT THE PROPERTY AND/OR THESTRUCTURES THEREON WILL BE FREE FROM FLOODING OR FLOOD DAMAGE.ON RARE OCCASIONS, GREATER FLOODS CAN AND WILL OCCUR AND FLOODHEIGHTS MAY BE INCREASED BY MAN-MADE OR NATURAL CAUSES. THIS FLOODSTATEMENT SHALL NOT CREATE LIABILITY ON THE PART OF THE SURVEYOR.FLOODPLAIN NOTECONTACT NAME: CHRISTIAN METTENSITENVICINITY MAPN.T.S.DALLAS PKWY
FRONTIERW PROSPER TRAILN COLEMANCOOK LN 5051THOROUGHFARE ALIGNMENT(S) SHOWN ON THIS EXHIBIT ARE FORILLUSTRATION PURPOSES ONLY AND DO NOT SET THE ALIGNMENT. THEALIGNMENT WILL BE DETERMINED AT THE TIME OF FINAL PLATTHOROUGHFARE NOTEOrdinance No. 2021-29, Page 4
Z20-0026
EXHIBIT B
STATEMENT OF INTENT AND PURPOSE
The subject Tract 1 is currently zoned PD-69-Retail and tract 2 is currently zoned PD-69-SF
12.5. The purpose of the planned development is to create retail and office uses which are
consistent with the Town’s Comprehensive Plan for the overall tract. It is intended to utilize the
Town’s base standards and incorporate some additional uses and criteria which will better
position the proposed development due to proximity to the future Tollway.
Ordinance No. 2021-29, Page 5
Z20-0026
EXHIBIT C
DEVELOPMENT STANDARDS
Conformance with the Town’s Zoning and Subdivision Ordinances: Except as otherwise set forth
in these Development Standards, the regulations of the Town’s Zoning Ordinance, as it exists or
may be amended, and the Subdivision Ordinance, as it exists or may be amended, shall apply.
Tract 1 & Tract 2 Retail
A.General Description: The areas identified as Retail will provide the ability to
encourage and to accommodate the development of office and retail service
centers within growth corridors located along the North Dallas Tollway
extension. The property within these areas shall develop under the
standards for the Retail District as contained within the Town of Prosper Zoning
Ordinance, as it exists or may be amended, subject to the specific provisions
contained herein below.
B.Permitted Uses: In addition to those permitted uses as allowed per the Retail
District of the Town of Prosper Zoning Ordinance, the following use shall be
permitted in the retail areas indicated on Exhibit “D”. Uses followed by an S are
only permitted by Specific Use Permit. Uses followed by a C are permitted subject
to the conditional standards in the Town’s Zoning Ordinance:
a.Hotels - C
b.Theater, Regional
c.Research & Development Center – S
d.Automobile Repair, Minor – In addition to conditional standards, shall not
be located within 230 feet of residentially zoned property
e.Automobile Parts Sales – Shall not be located within 230 feet of
residentially zoned property
f.Restaurant – In addition to conditional standards, shall not be located
within 230 feet of residentially zoned property.
g.Retail Shops and Stores – In addition to conditional standards, shall not
be located within 230 feet of residentially zoned property.
h.Convenience Store with Gas Pumps – Shall be prohibited within Tract 2.
Tract 1 shall be governed by the Conditional Standards of the Zoning
Ordinance as they exist or may be amended.
C.Max. FAR: Max. FAR for buildings taller than two (2) stories shall be 1.5:1. Max.
FAR for all other buildings shall be 0.4:1.
D.Building Heights: The permitted height of all buildings within the retail areas of
the Planned Development District shall be as follows:
a.The allowed height for Hotels, Office buildings, and Hospitals located
within the retail tract shall be eight (8) stories, not greater than one
hundred (100) feet. All other uses shall be limited to two (2) stories, not
greater than forty (40) feet.
b.Non-residential buildings located within one hundred fifty feet (150') of a
single- family zoned area shall be limited to a maximum height of two (2)
stories.
c.Non-residential buildings, which exceed two (2) stories in height, shall be
Ordinance No. 2021-29, Page 6
required to have additional setbacks from single-family zoned areas.
These additional setbacks will require one foot (1') of setback, beyond the
aforementioned one hundred fifty feet (150'), for each additional foot of
building height above two (2) stories.
d. Only one-story structures are allowed within 84 feet of the south property
line of Tract 2.
E. Lot Area: The minimum area of any lot shall be then thousand (10,000) square
feet.
F. Lot Width: The minimum width of any lot shall be one hundred feet (100’).
G. Lot Depth: The minimum depth of any lot shall be one hundred (100’).
H. Lot Coverage: In no case shall more than sixty percent (60%) of the total lot
area be covered by the combined area of the main buildings exceeding 2-stories.
Parking structures and surface parking facilities shall be excluded from the
coverage computations. Lot coverage is limited to forty percent (40%) excluding
parking and parking structures for all structures 2-stories and less.
I. All required detention areas shall be developed as an amenity with upgrades such
as landscaping, trees, trails, benches, etc., and constructed as a wet detention
pond (constant water level) with a fountain and/ or bubblers. The wet pond
requirement may be waived if in conflict with TCEQ regulations, other applicable
City/Town downstream water rights and/ or other applicable regulatory
requirements. Underground detention may be utilized within nonresidential
components of the Planned Development.
J. Landscaping:
a. A 30-foot landscape buffer shall be provided adjacent to residentially
zoned property.
b. Perimeter landscaping adjacent to residentially zoned property shall
consist of a double row of Nellie R Stevens Holly or Eastern Red Cedar
trees, or similar as approved by the Parks Department, planted on 15-foot-
centers, minimum of eight feet (8’) in height at the time of planting, in
addition to canopy tees as require by the Zoning Ordinance.
i. The landscape buffer and associated planting shall be provided in
conjunction with the first development that occurs within Tract 2.
K. Screening:
a. Dumpster enclosures shall not be permitted within 100 feet of a
residentially zoned property for retail/restaurant uses.
b. An eight-foot (8’) ornamental metal fence shall be required along the east
property line for a minimum distance of 200 feet and commencing at the
southeast corner of the subject property.
i. The ornamental metal fence shall be provided in conjunction with the
first development that occurs within Tract 2.
L. Access:
a. Cross-access from Tract 2 shall not be required to the southern adjacent
property.
Ordinance No. 2021-29, Page 7
Z20-0026
Exhibit D
Conceptual Development Plan
Conceptual Development Plan: Prior to application for a Preliminary Site Plan or a Preliminary
Plat, a Conceptual Development Plan shall be submitted, receive a recommendation from the
Planning & Zoning Commission and be approved by the Town Council. This Conceptual
Development Plan shall only be required for the general area within which development is to
occur. This general area shall be bounded by thoroughfares, ownership lines, creek ways or
other physical barriers that define a geographic boundary that separates the area of interest from
other parcels.
Site Plans and and/or Plats submitted for the development within the PD District shall conform
to the data presented and approved on the Conceptual Development Plan. Changes of detail
on these final development plan(s) that differ from the Conceptual Development Plan may be
authorized by the Planning & Zoning Commission, with their approval of the final development
plan(s) and without public hearing, if the proposed changes do not:
1) alter the basic relationship of the proposed development to adjacent property,
2) alter the uses permitted,
3) increase the density,
4) increase the building height,
5) increase the coverage of the site,
6) reduce the off-street parking ratio,
7) reduce the building lines provided at the boundary of the site, or
8) significantly alter any open space plans
If the Planning & Zoning Commission determines that the proposed change(s) violates one (1) or
more of the above eight (8) criteria, then a public hearing must be held to adequately amend the
PD District’s granting ordinance prior to the Planning & Zoning Commission’s approval of the final
development plan(s).
Ordinance No. 2021-29, Page 8
Z20-0026
EXHIBIT E
DEVELOPMENT SCHEDULE
With the impending improvements to Frontier Parkway and the Dallas North Tollway, it is
anticipated that the development schedule will accelerate in the next couple of years. It is
believed the development will occur in the next 2-5 years.
Ordinance No. 2021-29, Page 9